Recent Rule and Law Changes
For more information, email the pharmacy related email inbox: PharmacyRules@doh.wa.gov or reference the commission’s chapter in chapter 246-945 WAC.
2024
WSR 24-01-101 (amends WACs 246-945-178 and 246-945-220), Health Equity Continuing Education. This rule established one hour of health equity education every two years for pharmacists and pharmacy technicians as the commission’s implementation of ESSB 5229 (Chapter 276, Laws of 2021).
WSR 24-01-102 (amends WAC 246-945-040), Incorporating References to Title 21 of the Code of Federal Regulations. After WAC 246-945-040 went into effect on July 1, 2020, the commission conducted rulemaking, creating WAC 246-945-040(2) to provide directions to acquire the reference material listed in subsection (1) of the same section.
WSR 24-09-051 (amends WAC 246-945-100), Revising Compounding Minimum Standards. This rule revised WAC 246-945-100 to reflect the most recent version of the USP – National Formulary <795> and <797>, which has been official since WAC 246-945-100 became effective on July 1, 2020.
WSR 24-11-060 (amends chapter 246-945 WAC), Technical Updates to Rule Language. The commission made technical fixes throughout the chapter 246-945 WAC, including correcting references, grammatical errors, and other technical changes that did not materially change the subject of the rule. It also updated fees for commission licensees in alignment with the Secretary’s final updated fees.
WSR 24-15-076 (amends WAC 246-945-055), Removing Fenfluramine from Schedule IV. The commission added a new subsection to WAC 246-945-055 to delete fenfluramine from Schedule IV in accordance with RCW 69.50.201. It also established WAC 246-945-05001, creating a list of exempted substances from RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50.212, including fenfluramine.
WSR 24-15-074 (amends WAC 246-945-507), Wildlife Capture Drugs. This rule amended WAC 246-945- 507 to add four intramammary antibiotics to the list of approved legend drugs in chapter 246-945 WAC in response to a petition request to do so.
WSR 24-01-098 (establishes WAC 246-945-457) The adopted rule, WAC 246-945-457, established enforceable minimum standards for OUD medication remote dispensing sites.
ESSB 5271 (amends chapter 18.64 RCW) Adds immediate facility enforcement tools, such as stop placement, limited stop placement, limited stop service, and reasonable conditions, to address violations that constitute immediate jeopardy, including when a facility refuses to comply with an investigation. The law also grants intermediate facility enforcement tools to bring facilities into compliance with regulations.
ESHB 2115 (amends RCW 69.41.050) Allows practitioners to request that the prescription label for abortion medications list the prescribing and dispensing health care facility name instead of the name of the practitioner.
ESSB 5481 (establishes chapter 18.134 RCW) Establishes guidelines for practitioners to provide telehealth services to patients in Washington. Practitioners must provide telehealth services in compliance with the professional practice standards of practitioners who provide in-person health care in the state. Out-of-state practitioners wishing to use telehealth must hold a current license or certification required to provide health care in this state.
SHB 1889 (amends RCW 18.130.040) Allows persons to receive professional licenses and certifications regardless of immigration or citizenship status.
2023
WSR 23-09-062 (amends WACs 246-945-162, 246-945-200, and 246-945-205), Education Requirement Repeal. The commission repealed AIDS education and training requirements for pharmacists, pharmacy assistants, and pharmacy technicians and complete the commission’s implementation of ESHB 1551 (Chapter 76, Laws of 2020). Effective May 19, 2023.
WSR 23-11-088 (establishes WACs 246-945-486 and 246-945-488), Unexpired Prescription Drug Donation Program. This rule permits the donation and reuse of unexpired drugs, including, but not limited to, donations of unexpired prescription drug stock from one pharmacy to another. Effective June 15, 2023.
SHB 1275 (amends RCWs 18.250.110 and 18.25.010) allows athletic trainers to purchase, store, and administer medications in accordance with their pharmacological education and training.
2SHB 1009 (amends RCW 18.340.020) mandates training for each board or commission member on “the culture of military spouses, the military spouse experience, and issues related to military spouse career paths” and allows military spouses to terminate their own employment licensees more easily in cases of a permanent change of station for their spouse.
SB 5768 (establishes RCW 72.09.780) allows the Department of Corrections to “acquire, receive, possess, sell, resell, deliver, dispense, distribute, and engage in any activity constituting the practice of pharmacy or wholesale distribution with respect to abortion medications.”
SSB 5389 (amends 18.53.010) expands the optometrist scope of practice to include limited ophthalmic surgical procedures and injections and drug prescribing and administering rights.
2022
SHB 1675 (amends RCW 18.64.257 and 69.41.032) allows manufacturers and wholesalers of dialysate and dialysis devices to sell, deliver, possess or dispense directly to patients in home dialysis programs.
SSB 5753 (amends multiple chapters in Title 18) modifies membership and quorum requirements for multiple regulatory bodies in the Department of Health. The bill also grants the commission authority to designate a presiding officer to conduct disciplinary proceedings in place of an administrative law judge and may appoint commission members to panels with at least three members.
WSR 22-10-044 (amends WAC 246-945-056), Removing Epidiolex from Schedule V. The commission removed Epidiolex from the list of Schedule V controlled substances in Washington State to align with federal changes in the Uniform Controlled Substances Act and in response to a rulemaking petition to do so.
2021
WSR 21-17-062 (creates WAC 246-945-014), Pharmacy Prescribing Authority Electronic Waivers. The commission and department jointly adopted a new section of rule to outline the electronic prescribing mandate, exceptions allowing a waiver, and related waiver process as required by Substitute Senate Bill (SSB) 5380 passed during the 2019 legislative session.
WSR 21-05-054 (repeals chapters and sections in Title 246 WAC), Pharmacy Rule Chapter Repeals. The commission completed a rule consolidation project in 2020 resulting in the creation of chapter 246-945 WAC. This rule repeals the chapters of rules relating to pharmacy that were replaced by chapter 246-945 WAC with the exception of continuing education (CE) sections, which will be repealed when the new CE rules become effective.
SB 5476 (establishes RCWs 71.24.125, 71.24.135, 71.24.145, 71.24.300, and 71.24.546) tasks the HCA with establishing a substance use recovery services plan and implement measures to assist individuals with substance use disorder (SUD). The bill also amends the Uniform Controlled Substances Act and the Legend Drug Act relating to possession of counterfeit substances, controlled substances, and legend drugs in response to the State v. Blake Decision.
ESHB 5229 (amends RCW 43.70.615 and adds a new section to chapter 43.70 RCW) requires the Department of Health (department) to establish model rules relating to health equity continuing education (CE) for all professions licensed under Title 18. All boards and commissions with authority over these professions must also conduct health equity CE rulemaking based on the department’s model rules.
SSB 5271 (amends RCW 7.70.040) establishes necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care in acting or failing to act following the proclamation of a state of emergency in response to the COVID-19 pandemic.
HB 1445 (amends RCW 18.64.011) amends the definition of compounding to exclude reconstitution.
2SSB 5195 (amends RCW 70.41.480 and 39.26.125) requires hospital emergency departments provide patients exhibiting symptoms of opioid overdose with opioid overdose reversal medications upon discharge.